Four former chief justices (CJ) have said the latest dissolution of House of Representatives (HoR) is against the Supreme Court |(SC) verdict while reinstating the House.
Issuing a joint statement on Friday against the House dissolution by President Bidya Devi Bhandari on recommendation of Prime Minister (PM) KP Sharma Oli, four former CJs Min Bahadur Rayamajhi, Anup Raj Sharma, Kalyan Shrestha and Sushila Karki have said that unconstitutional exercises like House dissolution has created risks of killing the Constitution itself.
They have pointed that the wrong exercise of the use of Article 76 of the Constitution instead of easing the sufferings of people at the time of pandemic has raised risks of ending the Constitution itself.
They have also pointed that the latest dissolution is against the spirit and values of the SC verdict while reinstating the House.
"The statement recommended by prime minister on December 20 and issued by the president after endorsement has been revoked in a way that it is constitutionally and legally void as it is unconstitutional since there is no pre-existing constitutional condition of the prime minister of majority formed in accordance to the Article 76(1) dissolving the House as per Article 76(7)," CJ Cholendra Shumsher Rana had said reading the verdict on February 23.
The SC in its verdict while reinstating the House also explained that the Article 76(7) can be exercised to dissolve the House only after completing the processes mentioned in earlier clauses of the Article 76.
The four former CJs had also issued a statement against the last House dissolution calling it unconstitutional.
Contempt of court petitions were also lodged against them claiming the CJs issued the statement in a way that could influence the case that was then sub judice in the SC. But the Apex Court did not find them guilty of contempt of court.
